Philippe Bernard Izsak v. Maurice H. Sigler, Chairman, United States Parole Commission, United States Bureau of Prisons

In November, 1976, appellant was convicted of five counts of an indictment charging him with violations of 21 U.S.C. §§ 846 and 841(a)(1) — conspiracy, manufacturing, possession and distribution of controlled substances, specifically, amphetamine and phencyclidine (PCP). After diagnostic study he was sentenced to a term of eight years pursuant to the provisions of 18 U.S.C. § 4205 (b)(2). A year later he applied for parole and was granted a hearing, following which parole was denied. He unsuccessfully sought relief through administrative appeals, and in August, 1978, filed a petition for habeas corpus attacking the refusal of the Commission to grant him parole. That petition was denied by the district court and this appeal was taken.

In 18 U.S.C. § 4205 (a) it is provided that a prisoner serving a term of more than one year shall (unless otherwise provided) be eligible for release on parole after serving one third of his term. Section 4205(b) provides two methods by which a prisoner can be made eligible for parole after serving less than one third of his term: (b)(1) by direct action of the sentencing judge in fixing a lesser period of time; (b)(2) by action of the sentencing…